Last Updated on January 1, 2023, 8:09 PM | Published: January 1, 2023
OKLAHOMA CITY — The Regional Director over Oklahoma and surrounding states for the National Labor Relations Board (NLRB) has issued a complaint against the Starbucks corporation (SBUX). The complaint is for a series of unfair labor practices (ULPs) alleged to have happened in two Oklahoma City Starbucks stores.
Next, a hearing, set for April 11, will consider in a consolidated case a number of unfair labor practice charges filed by Workers United union on behalf of the Starbucks workers in OKC.
The two stores are the 23rd and Robinson store, and the Nichols Hills store.
The process is spelled out on the NLRB website:
Charges alleging Unfair Labor Practices are filed by individuals, unions or employers at NLRB regional offices, prompting an investigation by regional field examiners and attorneys. More than half of all charges are withdrawn or dismissed. In cases where an investigation finds probable merit, the majority settle by agreements between the parties. If no settlement can be reached, the Regional Director issues a complaint detailing the alleged violations.
Also, from the NLRB website, the next steps are explained:
When complaints of Unfair Labor Practices issued by regional directors do not lead to settlement, they typically result in a hearing before an NLRB Administrative Law Judge. As in any court proceeding, both parties prepare arguments and present evidence, witnesses, and experts.
The actions that the ULPs allege are as follows:
Nichols Hills Starbucks
Between December 9th, 2021 and February 5, 2022, the store manager for the Nichols Hills location did the following according to the complaint:
- Sent text messages and a phone call informing their employees that they can’t discuss the union while working, but allowed non-work related topics
- Interrogated employees about their union activities and the union activities of other workers
- Threatened employees with retaliation if they refused to listen to their employer’s “captive audience” speeches about their Section 7 rights
- Selective and unfair enforcement of the Dress Code Rules against union supporters and against union insignia and logos
- One person even lost their job for engaging in union activities, according to the complaint.
23rd and Robinson Starbucks
The 23rd and Robinson store used similar tactics, according to the complaint:
- Selective and unfair enforcement of the Dress Code Rules against union supporters and against union insignia and logos
- Canceled all shift meetings specifically because workers engaged in union activities
District Managers
District managers from SBUX are also being accused of union-busting by workers. According to the complaint, district managers:
- Held captive audience meetings about workers’ Section 7 rights.
- Threatened employees with taking away a previously planned pay raise.
- Told workers unionizing was futile, and would only get a contract as good as a store in Canada.
- Promising increased benefits and better conditions if workers refrained from organizing.
- Told workers unions can only improve pay and benefits.
- Threatened to take away the ability to transfer to other stores if they unionized.
- Prohibited the recording of conversations, which is allowed by Oklahoma law.
Remedies demanded
The complaint also lists remedies that are demanded for the alleged unfair labor practices from SBUX:
- Post a “Notice to Employees” electronically (electronic bulletin board, e-mail, text message, website, intranet, social media).
- Schedule a meeting and read the “Notice to Employees” and the “Explanation of Rights” with an NLRB board agent and a representative of the union present, be recorded and distributed to other employees electronically.
The hearing date is set for April 11, 2023.
Tensions create earlier limited-duration strike
This comes on the heels of a weekend strike at the 23rd and Robinson store where a district manager called the police on the strikers when they were using the parking lot instead of the sidewalk.
Nationally, SBUX workers across the country have been reporting unfair labor practices from their employers. NLRB regional directors have issued over 45 Complaints against Starbucks related to over 900 violations of federal labor law.
UPDATE — We have removed the original supporting document until the NLRB posts a redacted version. Once they publish that, we will post it here.
Alex Gatley covers labor activities in the state of Oklahoma.
